karthik (divorce applicant) 05 September 2013

Exemption for a5 in 498a

Dear sir/Madam,

in 498a case my wife has accused my parents and sisters who are living some 350kms away from bangalore, now the case is in court not exactly in trail phase still charge sheet not filed in the court, but i'm attending the case regularly and many times filing exemptions for others..

Accused 5 my younger sister she is 7 months pregnant now and she cant travel to bangalore from that long distance to attend the case and also even after delivery she can't travel with her months baby to attend the court case.

could someone please let me know options on how to avoid my sister not to attend the case for atleaset 6-7 months??

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2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 September 2013

Dear Kartik

file an application u/s 205 of Cr.P.C. before trial court and get permanent exemption from personal appearance.

read the section 205:205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.